C.C. No.138/2022
Manas Kumar Ray,
S/o. Narendra Kumar Ray,
At- Paradeep Garh,
P.S.- Paradeep Lock,
- Manager, Hinduja Leyland Finance Ltd.
Bhubaneswar, HIG-46, BDA 01, 02,
Jayadev Vihar Road, Opposite Palheighats,
BDA Colony, Doordarshan Colony,
Gajapati Nagar, Bhubaneswar,
Dist.- Khurda- 751013.
- Hinduja Leyland Finance Ltd.
-
Shankarpur Colony,
Cuttack- 753012 …..… Opposite parties
For Complainant………..Mr. M.R. Nayak & Associates
For Opposite Parties……….Mr. M.C. Swain, Advocate
Date of Hearing: 30.11.2023 Date of Judgment: 15.12.2023 |
ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking not to repossess Ashok Leyland Truck bearing Regd. No.OD-05-AP-9129 and not to repossess/seize the vehicle without due process of law.
Complainant took loan of Rs.3,75,620/- on 30.01.2019 to repay in 64 monthly EMI @ Rs.69,281/- commencing from 07.4.2019 to 07.7.2024. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. The relation between complainant and opposite parties is that of Debtor and Creditor and there is no element of deficiency in service on the part of opposite parties. We find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement.
However taking a lenient view we dispose of the consumer complaint directing the complainant to pay his regular EMI and in addition to that pay Rs.30,000/- (thirty thousand) in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per agreement/rule/law. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 15th Dec.,2023.
